On Feb. 23, 2018, Ulster County and the New York City Department of Environmental Protection filed replies to the U&D Railway Revitalization Corporation petition before the Surface Transportation Board.

Ulster County holds to its claim that the Catskill Mountain Branch was abandoned in 1977 and, therefore, the Surface Transportation Board has no jurisdiction. New York City makes the same claim.

The rail corporation had filed the petition to settle its status and answer questions about ownership of the corridor; Ulster County is claiming it is a non-issue.

Ulster County has chosen to expose itself to litigation over easements and precluded any federal funding via rail banking as consequences of the abandonment argument. All cost/benefit numbers projected for the Ashokan Rail Trail are now invalid. Further, the Linear Park in Kingston is now at risk, as it is part of the line the county argues has been abandoned.

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This raises the question of when Ulster County ‘discovered’ the line was abandoned. The county had been preparing to go before the Surface Transportation Board as late as 2015, but didn’t. Did the county fail to do due diligence or had it concluded the Surface Transportation Board might rule against trail plans and chose to proceed in the hope none of these issues would come to light? Was the county Legislature informed at the time?

In a separate action the same day in state Supreme Court, the county persuaded a judge against issuing an immediate stop work order on demolition, but did so partly because the county claimed track removal was 95 percent done. Aerial photos show less than 50 percent completion. The issue is only postponed, not settled.

New York City plans for the Ashokan Reservoir starting in 2023 call into question the entire rationale for removing the rails. Ulster County’s agreement with the city on the Ashokan Rail Trail benefits New York City more than the county in light of those plans and shortchanges the county’s future.

The railroad corporation and the Surface Transportation Board have been urging mediation; the Hein administration remains defiant and continues demolition of the rail line while refusing to answer questions. The Hein administration has chosen to pursue a high-risk, no-reward strategy.